CHAPTER 414

An Act to authorize the creation of special taxing districts in certain
cities and to confer upon the governing bodies thereof power to pro-
vide facilities and services therein and in this connection to exercise
certain powers and perform certain acts therein and adjacent thereto;
providing for the issuance of bonds, the adoption of ordinances, levy
and collection of taxes, assessments and charges, and the handling
thereof; and authorizing the exercise by such governing bodies of
certain powers in relation to health, safety and improvements to the
public or portion thereof.

{H 607]

Approved March 15, 1956

Be it enacted by the General Assembly of Virginia:

1. § 1. The short title of this act is the City Public Facilities District
Law. The powers and duties conferred or imposed by this act may only
be exercised and performed by the city council or other governing body
of any city having a population of more than fifty thousand but less than
sixty-one thousand according to the last preceding United States census
and a land area of less than seventy square miles but more than fifty
square miles.
CH. 414] , ACTS OF ASSEMBLY 471

. _§ 2. As used in this act, unless a different meaning or construction
is clearly required by the context.

(1) “Governing body” means city council or other governing body

of such city.
_ _ (2) “Public facilities district” and “district” means any area of land
in any city which is set off by metes and bounds as a unit in which or
adjacent thereto certain’ services, facilities or improvements are made
available to the residents of the district.

(3) “Resident” means any person who resides in any area which
has been established as a district. .

(4) “Facility” or “service” or “improvement” means the dredging
and/or bulk heading of any river, stream, creek, marsh or other low-
lying area for the convenience or improvement which may be deemed
necessary or advisable for promoting and furthering health, safety or
general welfare of the public in the district.

__,. (5) “Voters” means those persons who voted or were eligible to vote
in the latest preceding general election. .

{® “Real estate” means all real estate in a district subject to local
taxation. .

_ (7) “The law”, or “this law” means the City Public Facilities Dis-
trict Law as now or hereafter embraced in this act. The singular includes
the plural and the plural and singular whenever such meaning is neces-
sary from the context.

§ 3. The governing body of any city in which a district is estab-
lished under this law shall have all the powers and duties granted to and
imposed upon it hereunder and shall, within the boundaries of the district,

ae, ania authority thereof and is hereby constituted such
authority.

§ 4. Upon petition of seventy-five per centum of the residents of
the proposed district seeking establishment of a district, the governing
body, upon receiving said petition shall create such district in the pro-
posed area. Or, if said petition is not signed by seventy-five per centum
of the residents of said proposed district, then the governing body shall
create such district as aforesaid upon petition of fifty per centum of the
residents of said proposed district, if it be of the opinion that the pro
erty embraced within the proposed district will be benefited by the esta
lishment of the district. No obligation in relation to the installation of
any facility or the inauguration of any service, as herein provided, shall
be undertaken until the funds to defray the cost thereof have been made
available by one of the methods herein provided or otherwise.

§ 5. After the creation of a district the governing body of the city
in which the same is located shall have the following powers and author-
ity, subject to the conditions and limitations hereafter prescribed:

(1) To construct, reconstruct, maintain, alter, improve, add to,
reduce and to operate any facility or service for the use and benefit of the
public in the district.

(2) To acquire rights-of-way or land by gift, condemnation, pur-
chase, lease or otherwise, and to maintain and operate any such facility
or service in or adjacent to the district.

(83) To contract with any person, firm, corporation, association, State
or federal government or agency thereof, or political subdivision to con-
struct, establish, maintain, and operate such facility or service in or
adjacent to the district.

(4) To require owners and tenants of any property in the district
to comply with such regulations as the governing body deems necessary
or prescribes by ordinance for the public interest or benefit in the opera-
tion or maintenance of such facility or services.

(6) To levy and collect an annual tax upon all real property in the
472 ACTS OF ASSEMBLY [vA., 1956

district subject to local taxation to pay, either in whole or in part, the
expenses and charges incident to the establishment, maintenance or opera-
tion of any such facility or service; and subject to the provisions of § 170
of the Constitution of Virginia, to levy assessments on all property owners
in such district to pay either in whole or in part, the expenses and charges
incident to the establishment, maintenance or operation of such facility
or ‘service, and to fix and prescribe the rates of charge incident to the
establishment, operation or use of any such facility or service. .

(6) To employ and fix compensation of any technical, clerical, legal
or other force and help which from time to time, is deemed necessary for
the establishment, construction, operation or maintenance of any such
facility or service. .

) To negotiate and contract with any person, firm, corporation,
political subdivision or State or federal government or any agency thereof
with regard to any matter necessary and proper for the construction or
operation and maintenance of any such facility or service within the

i .

(8) To contract for the extension of any such facility or providing
any such service in territory outside of the district, and for the use
thereof, upon such terms and conditions as the governing body from time
to time determines.

(9) To adopt ordinances in the manner hereinafter set forth to
further the exercise of the powers and authority herein granted and to
compel compliance therewith. . .

(10) To exercise any other power and authority, including full police
power, needed to further the safety, health and general welfare of the
public in a district. . .

. No ordinance or by-law shall be passed with relation to the
district except as made and provided in the general law applicable to the
city.

§ 7. In order to raise funds needed to carry into effect the fore-
going powers and authority the governing body of the city in which the
district is located shall have power to issue, sell and redeem bonds of the
district, which bonds shall be issued as made and provided in the general
law applicable to the city, except that said bonds may be issued up to
eighteen per centum of the assessed value of locally taxable real estate in
the district; provided, however, that such indebtedness, together with the
existing indebtedness of the city shall not exceed eighteen per centum of
the assessed value of locally taxable real estate in the city.

§ 8. The governing body of the city in order to pay the charges
incident to the establishment, maintenance or operation of any facility or
service provided herein may levy taxes on property in the district subject
to local taxation, or levy assessments against property owners reequired
to, or making use of such service or facility.

§ 9. Lien for unpaid charge, levy or assessment made against any
property hereunder for the establishment, maintenance and operation of
any facility or service shall be a lien on property next in succession to
city taxes.

§ 10. Whenever the governing body of a city in which there exists
or is created a district imposes an annual tax upon all property therein
subject to taxation to pay, either in whole or in part, the expenses and
charges incident to the establishment, maintenance or operation of any
such facility or service, such tax shall be levied and collected according to
and in compliance with the general law pertaining to the levying and col-
lection of city taxes.

§ 11. Whenever the governing body in a city where there exists or
is created a district levies and assesses to pay, either in whole or in part,
for any such facility or service so established, operated or maintained, the
same shall not be established, operated.or maintained until said governing
body shall order by resolution its establishment, operation or maintenance,
declaring in such resolution the same to be of general benefit to the district,
and to the property therein affected, and shall describe the improvements.
The resolution shall also state the proportion of the cost of the improve-
ment that shall be assessed against property owners who will receive a
peculiar benefit therefrom together with a description of such property
in sufficient detail to identify the same, and shall set forth the rules that
shall be applied in determining the assessments to be made against such
property owners.

§ 12. As soon as practical after the passage of the resolution the
xeverning body shall order the preparation of plans, specifications, and
estimate of the cost for the improvement ordered thereby. Such estimate
of cost shall include the costs of preliminary and other surveys, right-of-
way and/or land acquisition, legal services, preparation of plans and
specifications, printing and publishing of notices, construction, interest
during construction and otherwise chargeable, preparation of assessment
rolls, collection of assessments and other expenses necessary or proper in
conducting the proceedings and work herein provided for. The governing
body shall also order the preparation of a tentative assessment roll show-
ing the tentative apportionment of the estimated cost as between the various
properties subject to special assessments in accordance with the provisions
of the improvement resolution; with all assessments made under the pro-
visions of this act to be determined in proportion to the peculiar benefits
which will accrue to each property by virtue of the improvement.

§ 18. Upon the completion of the preparation of plans, specifica-
tions, estimate of cost and tentative assessment roll, a duplicate copy
thereof shall be filed with the clerk of the governing body and shall remain
open to public inspection. The clerk, upon the filing with him of such plans,
specifications, estimate of cost, and tentative assessment roll, shall publish
once in some newspaper having general circulation in the area a notice,
stating that at a meeting of the governing body, or some committee thereof
to whom the matter may have been referred, on a certain date and hour,
not earlier than ten days from the date of such publication, the objections
of all interested persons to the confirmation of the resolution will be heard,
which notice shall state in brief and general terms a description of the
proposed improvement with the location thereof, and shall also state the
plans, specifications, estimates of cost and tentative assessment roll thereof
on file in the office of the clerk. Such notice shall also describe the property
mc to be peculiarly benefited by a description sufficient to identify the
property.

§ 14. At the time named in the notice, or to which an adjournment
may be taken, the governing body or committee thereof, as the case may
be, shall receive the objections of interested persons and then or as soon
thereafter as is practical the governing body shall repeal or confirm
the resolution, with such amendments, if any, as are desired by the gov-
erning body and which do not cause any additional property to be asses-
sed, depending upon a vote of the property owners in said district, which
vote shall be taken at the hearing on the initial resolution, requiring an
affirmative vote of the owners of at least fifty-one per centum of the
property to be assessed as measured by its valuation as last assessed for
general taxation for confirmation. For the purpose of computing any
percentage of interest in property as provided in this section, fifty-one
per centum in interest of the owners of an undivided interest in any
property shall be treated as the owner or owners of such property.

§ 15. Promptly after the completion of the improvement the govern-
ing body shall order the preparation of an assessment roll based upon
the cost of the improvement and in accordance with the provisions of the
474 ACTS OF ASSEMBLY [vA., 1956

initial improvement resolution. The assessment roll shall contain the
following:

(1) A description of the improvement in brief and general terms,
including the location thereof.

(2) The total cost of the improvement. ;

(3) The amount and portion of the cost to be assessed against the
peculiarly benefited property. . .

(4) A description of the property declared in the initial resolution
to be peculiarly benefited thereby together with the name of the owners
thereof, if known, the unit and rate of assessment and the amount of
the total assessment made against each property. .

§ 16. When the assessment roll is completed the governing body
shall certify same to the treasurer of the city, who shall collect the
assessments and be accountable therefor, as in the case of other city taxes.
Such assessments shall be due and payable sixty days after the date on
which the roll is certified by the governing body to the treasurer, but
may, at the discretion of such body, be divided into two or more but
not exceeding ten annual installments bearing interest at the rate of six
per centum per annum, the first installment of which shall be due and
payable sixty days after the date on which the roll is certified by the
governing body to the treasurer; provided that any assessment or in-
stallment may be paid at any time before it is due, together with interest
accrued thereon to the date of payment. The treasurer shall maintain
in his office a firmly bound book, or books, wherein he shall cause to be
recorded, immediately upon receipt of the certified assessment roll, the
name of the owner of each property against which an assessment has
been levied, a brief description of the property affected thereby, and the
amount of the assessment thereon. He shall likewise record in that book
any payment of, or on account of, the assessment, immediately upon
receipt thereof, and upon the written request of any person, which request
shall designate the property and the name of the owner thereof, the
treasurer shall issue his certificate showing the amount of the principal
and the interest then unpaid on the assessment against such property.

§ 17. Upon default in the payment of such assessment, or any in-
stallment thereof, the property shall not be sold as in the case of general
land taxes which have become delinquent. The treasurer shall have all
other powers conferred by general law.

From the date that the assessments have been certified to the treas-
urer, such amount shall be a lien upon the property affected thereby, which
lien shall have priority over all other liens except that of city taxes regu-
larly assessed ; provided that as against a purchaser for value and without
notice, such assessment shall not be a lien except and until an abstract of
such resolution is recorded in the deed books of the clerk’s office in which
deeds conveying real estate in the city are required by law to be recorded
showing the ownership and location of the property to be affected by the
proposed improvement, and indexed in the name of the city and of the
property owner. The liens of assessments made under this act and attach-
ing at different dates shall be coordinate.

§ 18. The purpose of this law is to provide an economical and
equitable method by which any of the facilities or services authorized
hereunder may be established, operated or maintaned. It is hereby de-
clared that no irregularity or illegality in connection with any of the
proceedings herein authorized shall in any way affect the validity of the
orders for improvements or the contracts or the special assessments,
unless such irregularity or illegality substantially affects the rights of
the city or its inhabitants or the owners of property assessed for such
improvement.
8 19. The governing body is vested with the power of eminent
domain insofar as it is necessary for the construction, reconstruction,
alteration, additions to, maintenance and repair of any part of such
facility or service and, in the exercise of such power, is vested with all
of the authority to exercise such power as is made and provided in the
general law.

_ § 20. If any provision of this law or its application to any person or
circumstance is held invalid such invalidity shall not affect any other
provisions or applications of this law which can be given effect without
the invalid provision or application and to this end the provisions of this
law are hereby declared to be severable.

2. An emergency exists and this act is in force from its passage.